Armstead v. State

TYSON, Judge.

The appellant was indicted for the first degree murder of Jerry Nathan “by shooting him with a pistol.” At trial, the jury found the appellant guilty of murder in the second degree and fixed punishment at thirty years imprisonment. The trial court then pronounced judgment, setting sentence in accordance with this verdict.

The appellant here admits shooting the deceased, but contends that he did no wrong as he was acting in self-defense. We however believe such a defense to be weak at best.

On the evening of February 18, 1975, both the deceased, Jerry Nathan, and the appellant,…